Indian Penal Code 1860
Section 113 :
Liability of abettor for an effect caused by the act abetted different from that intended by the abettor:
(See section 53 of BNS 2023)
Classification of Offence:
Offence : Abetment of any offence, when an effect is caused by the act abetted different from that intended by the abettor.
Punishment : Same as for offence committed.
Cognizable or Non-cognizable :According as the offence abetted is cognizable or non-cognizable
Bailable or Non-bailable :According as the offence abetted is bailable or non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Court by which offence abetted is triable
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When an act is abetted with the intention of the part of the abettor of causing a particular effect, and an act for which the abettor is liable in consequence of the abetment, causes a different effect from that intended by the abettor, the abettor is liable for the effect caused, in the same manner and to the same extent as if he had abetted the act with the intention of causing that effect, provided he knew that the act abetted was likely to cause that effect.
Illustration :
A instigates B to cause grievous hurt to Z. B, in consequence of the instigation, causes grievous hurt to Z. Z dies in consequence. Here, if A knew that the grievous hurt abetted was likely to cause death, A is liable to be punished with the punishment provided for murder.
